April 3, 2012
The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, April 3, 2012
at 7:00 pm. The meeting was held at theTownshipBuildingonDelaware Drive and LaBarr Lane,WestfallTownship.
Those present were Chairman,Robert Ewbank, Vice-Chairman,Paul Fischer; Supervisors, Raymond Banach,Larry Flansburg, andRobert Melvin; Solicitor, Robert Bernathy and Secretary,Lisa Green. Also present were Treasurer,Scott Myer; Building Inspector,Shawn Bolles; Zoning Officer, Mike Rendleman; Police Chief, Chad Stewart; Roadmaster, Bill Schneider; Luis Bocaletti, Jay Edwards, Lisa Mickles, Twila Decker, Jerry Dotey, Nate Oiler of R.K.R. Hess, Jonah, Mandelbaum and approximately 13 members of the general public.
AGENDA: The agenda was amended to add litigation to the executive session. Supervisor Flansburg moved to approve the agenda. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.
Public Comment: Jerry Dotey from Mill Rift said that last night he met with Michael Green who is opening Jakes Wayback Burgers in theWestfallTownCenter and he said that he saw a completely different man than the one he met a year ago who was so excited to be opening a business. Mr. Green seemed despondent now saying that his plans and drawings were being sent toArizona and he was being held up. Further stating that every time he turned around there was a new charge for something else. Mr. Dotey said here is a man who wants to come and open a business and hire people from around here and it’s taking a year to open. He sees tobacco stores opening in six weeks all around us, asking what is the difference. Chairman Ewbank said he knows they go to a third party inArizona. Mr. Dotey asked whyArizona? Shawn Bolles said the third party plan reviewer who we have been using for sixteen years has a ten day turn around time and the ICC does plan reviews in 30 days. Further stating that the applicant chose to do deferred submittals which meant they wanted the permit reviewed and issued so that they could do the walls first, than a month later do the underground plumbing, than mechanical, than electrical system etc. They were told back in September that doing the review this way would be a nightmare for them but they decided to do it that way with deferred submittals. Mr. Green said his architect had been jerking him around since July. Mr. Bolles said the smoke shops have everything on their plans at one time and have the plans reviewed at one time. Mr. Bolles further said he had decided after this project that we would not accept anymore deferred projects. Supervisor Flansburg said 14 days seems a little long for a plan review. Mr. Bolles said we offer expedited review at an increased cost to the developer if they choose. Supervisor Flansburg asked if this is something our own engineer can review. It is not. He does not have the certifications. Supervisor Banach asked if these drawings are designed by an engineer with a PE Stamp and if we are sending them out to be looked at by an engineer. Mr. Bolles said we are sending them out to be looked at by a certified plan reviewer with a state license. Supervisor Banach also questioned why we were having someone else going out on inspections. Mr. Bolles said because he was out on Medical leave and has been for the last year and a half. Supervisor Flansburg questioned the plumbing that needed to be ripped out. Discussion followed. Supervisor Melvin said he felt we should do everything that we can do to expedite the openings on these stores. Mr. Bolles said we are doing that. Supervisor Melvin questioned if we can use a firm inPennsylvania and streamline the process. Supervisor Melvin asked if it was 30 days each time they came in with new plans. Mr. Bolles answered yes technically it is. Chairman Ewbank said that is 30 business days. There was no more public comment.
MINUTES: The Minutes of the March 6, 2012 regular meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Melvin and carries with all in favor.
Minutes of March 21, 2012 workshop meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor.
TREASURER’s REPORT:Scott Myer gave the treasurer’s report for March stating that this time of year is slow financially. Tax money starts coming in in April. We are where we expect to be this time of year. Supervisor Flansburg said we would like to speak to Mr. Myer after the meeting if he could stick around. Supervisor Melvin said we spent 20% of the budget through 25% of the year. This is a good thing. Discussion followed. Supervisor Banach moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.
POLICE REPORT: Police Chief Stewart gave the report for March stating there were 6,711 miles patrolled for the month and 190 calls for service. Chief Stewart said they did a few traffic studies for speed. Two of the roads done wereCummins Hill Road and theOld Milford Road. They found cars doing 65 plus onOld Milford Road and have been enforcing that road based on the traffic studies. The department is using a radar box which shows the lanes, date, time, and speed. This data is printed on a graph and is available to the Supervisors. Chief Stewart said they’ve also been doing constant patrols on the bike tunnel and did some investigating and found that there is a geocaching site in the tunnel. There are 176 people that found the site and 16 people did not. This is bringing a lot of traffic to the area. Chief Stewart said he found a lot of people who walk to work and he does not see any reason to close the tunnel. He looked into getting cameras but did not get a quote back yet, however he was told that it was going to be expensive because they do not have a line of sight from the tunnel to the police department and they do not have a direct connection. Chairman Ewbank asked if the Chief could give us any information on the robberies that happened onCummins Hill Road. Chief Stewart said they put out a Nixle alert. There were two burglaries, one at the top of the hill and one at the bottom and there was a vehicle broken into as well. Chief Stewart said they are following up on several leads and they are processing evidence from the scene. Supervisor Flansburg said they are getting a lot of positive comments about the tunnel and people are feeling really good about it and asked the Chief if the department can keep on doing that until we can get the answers. Also questioned on the back road toMilford if we are thinking it is kids getting out of school beating the school bus. Chief Stewart said it is around after school hours and the four people that were cited were young adults. Supervisor Banach said he wanted to thank the Chief also for taking care of that stating it is also nice to have the police presence there. Supervisor Banach said the Westfall Township Police Department was formed in the 1960’s because of a burglary in Mr. White’s house on Cummins Hill. Supervisor Banach said the more we see the Police department out there the more we like them. Chief Stewart said they are trying to keep a happy medium. Supervisor Banach moved to approve the report. Motion seconded by Supervisor Flansburg and carried with all in favor.
FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for March reporting 2 Mutual Aid structure fires, 2 Commercial Auto False Alarms, 1 Standby, 3 Motor Vehicle Accidents, 1 Vehicle Fire, 2 Mutual Aid to 32, 1 Smoke Investigation, for a total of 13 calls for the month. There were 40EMS calls for the month, 28 in Westfall, 11 covering squad 33, 1 covering squad 26. Supervisor Flansburg asked to speak to Mr. Bocaletti after the meeting and asked if he had the numbers for the Hepatitis C tests. Mr. Bocaletti will get them to us. Supervisor Melvin commented on the fundraising event the fire department was going to have on April 13, 2012. Mr. Bocaletti said it is a take out dinner only and tickets are on sale for $10.00 each.
Jay Edwards gave the Mill Rift Fire Department report stating they did driving training for the month of March. Their monthly meeting was 3/13, they prepped trucks on 3/20, had a controlled burn along theDelawareon 3/21 and assisted atMatamorasAirportParkon 3/24, and the township on 3/28. They had 260.5 man hours for the year. Supervisor Melvin questioned if the two fire departments met this past month. They did. Supervisor Flansburg said he will brief Supervisor Melvin after the meeting. Motion to approve the reports made by Vice-Chairman Fischer. Motion seconded by Supervisor Melvin and carried with all favor.
HIGHWAY REPORT: Bill Schneider gave the report for March stating that they worked on Heater’sHill Road,Sand Pit Road,Old Milford Road andSchneider Lane by Luhr’s. They worked on pot hole repair and cold patch on various township roads, as well as working on removal of anti-skid and loose stones from intersections around the township. They performed regular maintenance on the composting facility, and serviced the 2008 Freightliner Dump Truck and 2008 Chevy Pick-Up. The men also worked on Glass House Hill Estates replacing culverts with new plastic pipes and cleaned and redefined ditch area and shoulders on Glass House Hill. Mr. Schneider sent a letter to Jean Pomager of the Delaware River Joint Toll Bridge Commission for possible use of their broom inWestfallTownship. They will be assisting us with their broom. Lisa Green and Mr. Schneider composed and sent a letter to Steve Cunningham from Jacobs Engineering on the 6 & 209 upgrade project; who passed it on to the other engineering firms involved with this and is coordinating what items have already been addressed and will tweak the letter, make recommendations as to how the letter should be addressed. Mr. Schneider spoke to a representative from the Nelson Tree Service about the disposing of wood chips at the compost area. He wanted to know if the chip material was from Westfall or Matamoras if it could still be disposed of in the compost area. Lisa Greencontacted a representative from Home Depot and they said that they would do the painting of the tunnel sometime in May. Mr. Schneider attended the Road Task Force meeting. Lisa Greensaid “Team Depot” is going to come in and paint the tunnel in May or early June. Joe Popowycz Manager of Home Depot will be at our May 1st meeting and said they are having the paint donated so it will not cost the township anything. They will have a certificate of liability insurance dropped off. Supervisor Flansburg questioned Mr. Schneider about the tree company and if we are getting chips from outside sources. Supervisor Melvin asked if we have heard anything from the FEMA representative. We have not. Supervisor Melvin also questioned if we have a lot of winter material left over going into next year. Mr. Schneider said he has to check. Supervisor Banach moved to accept the report. Motion is seconded by Vice-Chairman Fischer and carried with all in favor.
BUILDING/ZONING REPORT: Mike Rendleman gave the report for March reporting six building permits, one sign and two zoning permits, with fees of $ 1,668.00. Motion by Supervisor Banach to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.
CORRESPONDENCE: On dais for review.
PA DCNR Greenway Plan: Chairman Ewbank said Nicholas Dickerson was here from the County and explained what they are looking for which is a commitment of in kind contribution of hours. They are not looking for monetary support. Supervisor Banach moved to send a letter of support. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Shredding Services: Chairman Ewbank said he andLisa Green met with Mike Wincovitch of Cintas to discuss the shredding of documents either on site or offsite. Supervisor Banach said we had discussed this at our workshop also. Chairman Ewbank said they have an option of leaving a 65 gallon container here on a 12 week cycle. If we are not ready to have it picked up we could postpone it. Robert Bostinto asked who from the Township would certify that the documents were destroyed. You would have to have someone verify it. The supervisors decided to have it done on site and said the Secretary would most like verify it. Mr. Bostinto asked if the township had a document retention policy. We do. Supervisor Banach moved to hire Cintas to perform the on site destruction of documents. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Alternate Attorney ZHB: Chairman Ewbank said at our workshop we had interest from Tony Magnotta to be our Alternate Attorney at a rate of $125.00 per hour and since then we have had interest from Eric Hamill who said he would serve at the rate of $100.00 per hour. Chairman Ewbank said Douglas Jacobs said in twenty years of serving as Zoning Hearing Board Solicitor he has only had one conflict and Anthony Waldron has agreed to do that hearing at $100.00 per hour for that case. Supervisor Banach moved to hire Eric Hamill at a rate of $100.00 per hour. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. The secretary will send a letter to Attorney Hamill notifying him of his appointment.
Composting Facility: Supervisor Melvin said this was discussed at the workshop, we are trying to figure out a way to police the facility. Supervisor Banach said back in 2009 a load of chips for a commercial company was $20.00 per mason dump and $30.00 for a larger truck. According to the minutes the secretary sent a letter to Matamoras Borough notifying them of the fees. Supervisor Banach asked Mr. Myer if he knew how much had been collected for the composting facility. He did not know. Mrs. Green said it was not a lot. Discussion was held. Supervisor Banach suggested using some money from the road department budget to hire someone to man the gate while they are watching for people to come in. Mr. Schneider said he does need to be careful with his budget because he has a lot to accomplish in the upcoming months where he will need an extra man. Mrs. Green said she knows that several businesses are not paying and she has called a few but they have not come in and paid. Supervisor Melvin said the first step may be to send a letter. After further discussion the Supervisors decided to close the compost facility on Monday, Tuesday and Wednesday and open it Thursday, Friday and Saturday from 9:00 am to 5:00 pm. This will take place from Monday, April 30th through Saturday, May 12th. This change will be posted on the website. Supervisor Flansburg moved to change the regulation for the compost facility. Motion is seconded by Supervisor Banach and carries with all in favor.
Draft Road Use Maintenance Agreement: Tabled
Pike County PennDOT / Conservation Meeting May 4th 9-11 RSVP by April 16th: Chairman Ewbank said he will attend as Emergency Management Administrator and Bill Schneider will attend as Roadmaster. The secretary will notify PennDOT.
Employee Working Hours: Tabled.
Employee Policy Manual Correct Medical Benefits: Supervisor Banach said it was brought to our attention by a part time employee that a correction needs to be made to our employee policy manual to correct medical benefits with regard to regularly employed employees. It was stated that this language needs to be stricken from the policy manual and the Supervisors will amend the policy manual at a later time.
Abatement of Taxes: Palestra Milford: Lisa Green said a correction is being made. They were being taxed for the Dialyses Center. This is part of the Milford Landing Property. Supervisor Banach moved to approve the abatement of taxes. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Additional Assessment: Biasbas, Betty C. Trust: Lisa Green said this is also a correction of an additional assessment. Supervisor Banach moved to approve the additional assessment. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Rental of Downstairs Office Space: Chairman Ewbank said there is a letter from Faith Family Fellowship requesting the rental of the municipal building. They had met previously in the Milford Borough hall from 2010 – 2012 as part of the Lost & Found Bible church. Supervisor Flansburg asked Matt Osterberg if there was any reason why we would not rent to them. Mr. Osterberg said no. Supervisor Banach asked what they paid in rent. Mr. Osterberg said they paid $5.00 per hour. Chairman Ewbank said they want to use the building two hours per week. Supervisor Flansburg said he has no problem with them using it. Solicitor Bernathy said this must be subject to the execution of a lease and a certificate of insurance. Discussion was held regarding the amount to charge for the lease and whether they would have their own keys. The supervisors said they needed to cover their expenses. The amount of $20.00 for two hours was agreed upon. Jay Edwards asked if there is maximum occupancy for the downstairs. Solicitor Bernathy said there are provisions in the lease that would address that. Supervisor Flansburg moved to approve the rental for $20.00 per day each Sunday between 10:00 am – 12:00 pm. Motion is seconded by Supervisor Melvin and carries with all in favor.
Nate Oiler R.K.R. Hess / Westfall Senior Apartment Project: Nate Oiler of R.K.R. Hess introduced Mr. Jonah Mandelbaum of Warwick Properties, Inc. and said they wanted to address the board to give them some information regarding the Westfall Senior Apartment Project which they felt would be beneficial to the township to provide affordable senior housing. Solicitor Bernathy said the record will reflect that this is informal, the Supervisors are not bound by any representations that are made and Mr. Oiler is not to rely upon them going forward. Solicitor Bernathy further stated that he does not want there to be any misunderstanding regarding our prejudging what would amount to be our terms and conditions of the townships ordinances. Asking do we have an understanding. Mr. Oiler and Mr. Jonah Mandelbaum said yes we do. Mr. Oiler said the site that has been selected is the Paddlers Point Phase II and Mr. Mandelbaum has an agreement to purchase five acres of that site. He has looked all overPikeCounty for a site and has found this spot. This meets all the criteria of the PA Housing Finance Agency. The issue they have is that there are two types of senior housing that are permitted in our zoning ordinance. An independent living retirement center and an age restricted housing. The project they are proposing is somewhat of a combination of the two and also is an increased density because we are a one bedroom apartment and the units are small. They are proposing .7 spaces per dwelling unit for parking and in Mr. Mandelbaum’s experience this tells him it is enough. Not everyone has a car. They are trying to keep down the impervious area and be consistent with cluster housing and conservation and subdivision design. Maximum building height is 35 feet it is a 3 story building. Age restriction is 55. However, it does require zoning relief. Solicitor Bernathy asked what type of zoning relief a variance? Questioning Mr. Rendleman if a use is not specifically provided for it is a conditional use by definition. Mr. Rendleman answered yes. Solicitor Bernathy said it is not the up to the Supervisors to fashion some type of regulation to suit this particular use. They may need to get a zoning variance or come forward for a conditional use. Supervisor Banach asked how you monitor the age. Mr. Mandelbaum answered it is very simple. It is handled through the management team. Discussion was held about finances and what people earn. Mr. Mandelbaum said no one knows who makes more or less. All tenants are treated equally. Supervisor Fischer questioned how this differs from Heritage Pointe. It differs somewhat in that there would be different income limits and different qualification limits. This project may be able to get lower rents. Chairman Ewbank questioned what would happen if grandchildren want to come to visit. Mr. Mandelbaum said they would have a three night maximum. The management and the neighbors would monitor that. Mr. Gregory says he has experience with the Port Jervis facility and it is an excellent facility and is very well maintained. Supervisor Flansburg asked about flooding and said if they have no cars how will they evacuate. Mr. Mandelbaum said they will work out an evacuation plan with the fire department.
Supervisor Flansburg decided to have a meeting on April 26, 2012 to discuss the Westfall Senior Apartment Project. Motion is seconded by Supervisor Melvin and carries with all in favor.
SUBDIVISION REVIEW AND ACTION: None
EXECUTIVE SESSION: Called at 8:37 for Personnel and litigation.
ADJOURNMENT: Meeting was adjourned at 9:18 pm on a motion by Supervisor Melvin. Motion seconded by Supervisor Banach and carried with all in favor.
Lisa A. Green, Secretary